Loknath Rao Bodipudi v. Pimpri Chinchwad Municipal Corporation Through The Commissioner And ORS

5-WP.19232.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19232 OF 2024 Loknath Rao Bodipudi } Petitioner

Versus

Pimpri Chinchwad Municipal } Corporation & Ors.

} Respondents Ms.Chandni Chawla for petitioner.

by JAYANT VISHWANATH SALUNKE Date: 2025.01.28 18:48:43 +0530 JAYANT VISHWANATH SALUNKE Mr. Kedar B. Dighe for respondent no. 1.

Mr. Vishwanath Patil for respondent no. 2.

Mr. R. D. Soni with Mr. V. R. Kasle i/b.

Ram & Co. for respondent no. 3.

CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

JANUARY 28, 2025 P.C.:

1.

The grievance of the petitioner in this writ petition is that the petitioner is a cardiac patient and a ready mix concrete plant has been set up adjacent to the house of the petitioner since September 2023. The case of the petitioner is that even though a show cause notice dated 2nd May 2024 was issued by the Maharashtra Pollution Control Board (MPCB) to respondent no. 3, yet, till today, no action has been taken. 2.

A Coordinate Bench of this Court, vide order dated 10th January 2025, had required the learned counsel for MPCB to apprise this Court about outcome of the show cause notice

5-WP.19232.2024 dated 2nd May 2024. However, when the matter is called out, the learned counsel representing the MPCB is not in a position to make a statement.

3.

Learned counsel for respondent no. 2 (MPCB) is directed to file an affidavit in reply within a period of one week, failing which, appropriate orders shall be passed.

4.

Learned counsel for respondent no. 3 shall also be at liberty to file an affidavit in reply before the next date. 5.

List on 11th February 2025.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)